June 13, 1990 EXTENSIONS OF REMARKS 13995 EXTENSIONS OF REMARKS force led by a strong leader. Thus, on the Similarly, the recognition of the Stars and 14th day of June 1775, the Second Conti­ Stripes has not been due just to its design or WHAT FLAG DAY IS ALL ABOUT nental Congress adopted the militia of New its colors. As much as we might like the red, England as its "Continental Army" and ap­ white, and blue, the flag is far more than a HON. HELEN DELICH BENTLEY pointed a committee to draft "Rules and simple color combination. I recall the words OF MARYLAND Regulations for the Government of the of a minister who, during World War II, Army." IN THE HOUSE OF REPRESENTATIVES once described the flag in these terms: On that same day, the Congress resolved "The flag is more than a brilliant banner; Wednesday, June 13, 1990 to add citizens of other colonies to the it is a prayer, a poem, and a prophecy. It is a Mrs. BENTLEY. Mr. Speaker, last Saturday I Army. The resolution read in part: prayer for the perpetuation of the princi­ "Resolved that six companies of expert ri­ ples of freedom; the poem of a people's his­ had the pleasure of being present at the Flag flemen be immediately raised in Pennsylva­ tory; a prophecy of greater and grander Day celebration in the Bel Air Town Hall, in nia, two in Maryland, and two in achievements." Bel Air, MD, where the speaker, Col. Louis Virginia; • • • That each company, as soon Certainly, the prayer, the poem and the Jackson, Commander USATHAMA, eloquently as completed, shall march and join the prophecy are alive and vibrant today. Those expressed what the flag and Flag Day are all Army near Boston, to be there employed as of us living in this age have been fortunate about. Colonel Jackson's verbatim speech is light infantry under the command of the to see the prayer answered in our own time. included herein so that others can appreciate Chief officer in the Army • • *" The principles of freedom have recently how much these symbols mean to those who The very next day, the chief of the Army spread where once there was no hope. In was named. Congress appointed a Virginian the process, an Iron Curtain is being torn served our country to preserve freedom and by the name of George Washington. The democarcy for all of us. asunder and an infamous wall has been newly created force had the leader it so des­ opened in Berlin. Democracy is growing FLAG DAY 1990 perately needed. The rest, as they say, is stronger across the world. Yorktown and Gettysburg, to Guadalcanal sion and defended democracy for many, Our national holidays are an important and Normandy. It's the history of strong many years now. It continues to do so. The and traditional part of our American herit­ and exceptional Army leaders such as American soldiers who were sent to Panama age. Each year we set aside time to remem­ Andrew Jackson, Ulysses S. Grant, John J. during Operation Just Cause are proof of ber our war dead, to recognize the labor Pershing and Douglas MacArthur. It's the that. that built America, and to give thanks for history of sacrifice and struggle by millions Michael Christopher Sullivan of Bel Air all we have. Such holidays are a cause for of American's who've worn the Army uni­ was one of the soldiers to serve in Operation ceremony and celebration across the land. form in every decade of our existence. Just Cause. As part of the 3rd Ranger Bat­ Today, however, is not one of those legal And as those millions of Americans talion, he was in the first wave of American holidays. There is no time off from work, no trained to be soldiers, as they endlessly soldiers to land on Panama's soil. closing of schools. But the importance of drilled and marched on parade fields, they "It was part of my job. I never expected to this date should not be overlooked. And the could always look up for inspiration when have to go into combat, but I was glad to things got tough. They could look up to the serve my country, considering how much it cause for celebration is just as great. On nearest flagpole and see waving in the wind this day our nation commemorates two a vivid reminder of their country-the Stars has given me," Michael Sullivan said when events which are so much a part of our tra­ and Stripes. he returned home. Michael did serve his dition and so much a secret of our success. The Army was already two years old, and country, and thankfully, lives to continue They are events which precede, and give had been through a number of battles, service. meaning to, many of our other holidays. when the American flag was born. The Con­ A second soldier who served in Operation And how appropriate it is that these two tinental Congress authorized the Stars and Just Cause was Private First Class James birthdays are celebrated on the same day. Stripes as our national flag on June 4, 1777. Markwell. Just like Michael Sullivan, he was For throughout our long and proud history, Thereafter, it quickly became a proud and an Army Ranger, just 20 years old, with the the Army and the flag have constantly been visible symbol of our struggle for freedom. fullness of life still in front of him. The together. Soldiers have long protected the When George Washington first saw the night before he left for Panama he wrote to flag from danger and destruction. The flag flag being flown above his Army he was his mother • • • just in case. Part of that has long inspired soldiers to accomplish struck by its beauty and symbolism. He is letter contained these words: feats that might have seemed impossible. reported to have said: "We take the stars "I have never been afraid of death, but History gives ample testimony to that rela­ from heaven, the red from our mother now he is waiting at the corner • • • I am tionship. country, separating it by white stripes, thus frightened to what lays beyond the fog, yet When we began our fight for freedom, at showing that we have separated from her, • • • Do not mourn for me • • •. Revel in Lexington, Massachusetts on April 19, 1775, and the white stripes should go down to pos­ the life that I have died to give you • • •. America was simply a group of disorganized terity representing liberty." But most of all, don't forget that the Army colonies. There was no Army. There was no From then on, much as siblings do, the was my choice. Remember that I joined the national flag. There was no recognized Army and flag grew up together. As the Army to serve my country and insure that leader. nation expanded its borders westward, the you are free to do what you want and live What we did have was just a group of Army was at the forefront. So, too, was the your lives freely." farmers, merchants, craftsmen, and others flag. When a threat against America arose, James Markwell never got the chance to banded loosely together in local militias. the Army marched to the battlefield. So, write his mother again. He died in Hardly a force that would instill fear in the too, did the flag. And when our country as­ Panama-one of the 23 servicemen who lost British Army. Hardly a threat to the King's sumed a role as world power and defender their lives. For that we feel sad. But for his rule. After all, the British had the greatest of democracy, the Army was there. Again, love of country and love of freedom we can, Army in the world at that time. so was the flag. and should, feel proud. And although he is But yet, this group of unorganized colo­ On this long march through history, the dead, his words speak of life, life and free­ nials would kindle a fire. At first just a little Army has been successful and the flag dom for future generations. smoke, then a few flames. Soon a blaze of highly recognized. The Army's success has Private Markwell and those like him will epic proportions would sweep the colonies not been achieved simply because of its or­ never truly leave us. They are now a part of and it would not be exinguished until free­ ganization or its arsenal. People are the the poem that is the story of America and dom was achieved in America. secret. Our citizen-soldiers have made the its people. That is why we are here today. In However, the fire would never have grown difference in peace and in war. Their spirit celebrating the birthday of the Army and if an Army had not been created. Unity was of freedom and their willingness to serve the flag, we are commemorating the people needed the unity of an organized fighting the nation are legendary. of America.

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 13996 EXTENSIONS OF REMARKS June 13, 1990 But commemoration is not enough. The VISUAL ARTISTS RIGHTS ACT ments in the fundamentals of plastics that prayer and the poem are not enough. There were later recognized inside and outside of is still the prophecy to consider. As much as HON. PAT WILLIAMS Dow. The Case Institute of Technology con­ a birthday is a look back, it's also a time to ferred the degree of doctor of science upon consider the future. OF MONTANA IN THE HOUSE OF REPRESENTATIVES Dr. Boyer in 1955. In 1968 he was selected to Will America continue to prosper? Will receive the Gold Medal and International there be greater and grander achievements Wednesday, June 13, 1990 Award by the Society of Plastics Engineers. for this nation? Will we continue the legacy Mr. WILLIAMS. Mr. Speaker, I wish to clarify Two years later, he was the recipient of the of freedom and democracy for our children remarks I made on June 5, 1990, concerning Borden Silver Medal of the Chemical Society. and grandchildren? the Visual Artists Rights Act, H.R. 2690. I un­ In 1972 he was elected Dow's first research The answers we want to give those ques­ derstand this act, unfortunately, but perhaps fellow. He was elected to the National Acade­ tions may seem self evident. A resounding understandably applies only to a distortion or my of Engineering in 1978. Dr. Boyer has also "yes" to all three is what we hope for. But mutilation of an original work of art, and not to received awards from the Plastics Institute of hope is not enough by itself. Dedication, reproductions of the work, even where the re­ Great Britain and the American Chemical So­ perseverance, hard work, and determination production harms the artist's reputation. ciety for his pioneering research work in the must be part of any formula for America's The legislation provides visual artists with field of polymers. continued success. The recent Soviet-Ameri­ the right of attribution-but right to claim au­ Dr. Boyer has lectured extensively in the can Summit is a very positive step toward thorship of a work of art and to object to the U.S.S.R., and is recognized globally for his re­ preserving our freedom and achieving world false attribution of authorship. In addition, the search and expertise in the field of polymers. peace, but we must do more, we must be act provides for a legal cause of action to His professional listings include: Who's Who in alert and vigilant. allow an artist to prevent the destruction, dis­ the World, Who's Who in America, American The need for vigilance in today's changing tortion, mutilation, or modification of a work of Men and Women of Science. world may seem unnecessary to some. The visual art. With his wife and friend of 23 years, Peggy, need to continue with a strong and decisive The Visual Artists Rights Act affords two Dr. Boyer shared a love of ornithology. He Army in the face of retreating communism main benefits. First, it would help prevent the provided her with his characteristic encour­ may seem undesirable to others. But let's destruction or mutilation of important works of agement and support as she wrote and re­ not rush to spend the so-called "peace divi­ art-art that is an invaluable part of American searched her book on the birds of Bonaire, dent" too quickly. Danger in the world may their favorite winter vacation spot. They also have been reduced, but it has not been culture. Second, the legislation would give an eliminated. If history at all repeats itself, let artist legal recourse to prevent an individual shared the joys of eight children: James us not forget the lessons of Pearl Harbor. from attributing his or her work to another and Boyer, Charles Boyer, Rima Carlson, Margi to prevent an individual from claiming that an Yerrow, Erica Greenbaum, Carla Overberger, President Bush, on a recent trip to an artist was the creator of a work he or she did Charles Overberger, and Ellen McKelvey. Army training site, emphasized the impor­ not create. Dr. Boyer is also a warm, thoughtful, and at­ tance of not letting down our guard. In dis­ tentive friend with a charming sense of humor. cussing the changing world situation, he This bill is important to artists across the said: country, and I am pleased to support its pas­ He is loved and respected by his colleagues, sage. I had hoped that the bill would prevent students, friends, and family. A willing mentor "It is important to let these encouraging the reproducing of works of art out of context. and advocate, Dr. Boyer has the ability to things, political or military, lull us into a That practice is currently being used by some detect special qualities in people that others sense of complacency. Nor can we let down of those who are apposing the reauthorization may not always see, and then encourage the our guard against a worldwide threat. The development of those qualities. Though a Soviet Union still does maintain a formida­ of the National Endowment of the Arts. ble force. Military challenges to democracy world renowned scientist, Dr. Boyer is able to persist in every hemisphere and America relate to people from every spectrum of socie­ A TRIBUTE TO DR. RAYMOND F. ty. Those whom he touches feel enriched for must always be prepared to fight for free­ BOYER dom and security." having known him. Mr. Speaker, and my colleagues in the To meet those continuing military chal­ HON. BILL SCHUETTE House, please join me in honoring Dr. Ray­ lenges, and to safeguard our freedom, we OF MICHIGAN mond F. Boyer with congratulations and best must still maintain a strong and ready IN THE HOUSE OF REPRESENTATIVES wishes on his 80th birthday. I applaud Dr. Army. That's the way it was 215 years ago. That's the way it is today. That's almost Wednesday, June 13, 1990 Boyer for his outstanding lifetime achieve­ certainly the way it will be tomorrow. ments in his profession and for serving as a Mr. SCHUETTE. Mr. Speaker, I have the role model, as scientist and friend, for his We don't maintain that strength just for privilege today of congratulating an outstand­ community and family. the sake of our own needs and desires. We ing citizen of the State of Michigan, Dr. Ray­ also do it for the sake of world peace. Peace mond F. Boyer, on the occasion of his 80th is what we all want, yet peace doesn't come birthday. A banquet will be held in his honor HONG KONG REMEMBERS easy. It takes work, effort, and above all, on June 22, 1990, at the Great Hall in Mid­ strength. land, MI. HON. JOHN EDWARD PORTER So, as we celebrate these birthdays, today, Dr. Boyer obtained a B.S. degree in 1933 OF ILLINOIS let us remember our past. It's filled with a and a M.S. degree in physics in 1935, both IN THE HOUSE OF REPRESENTATIVES heritage of acheivement and honor that we from Case Western University. He was em­ all can be proud of. Our Army and our flag ployed by the Dow Chemical Co. from 1935- Wednesday, June 13, 1990 are certainly an undeniable part of that her­ 75, working primarily in the field of polymer re­ Mr. PORTER. Mr. Speaker, nowhere in the itage. search, development, and management. Dr. world was the message of the Beijing massa­ And as we think of the past, let us hope Boyer was director of plastics research and cre heard louder than in Hong Kong. The Brit­ that the future holds the same promise for development from 1952 to 1969, becoming ish crown colony is scheduled to revert to Chi­ us. The dreams that America are still to be assistant director of corporate research in nese sovereignty on July 1, 1997. Last year fulfilled. Those dreams include a future of 1969. He was active for many years as an ad­ while prodemocracy heroes marched in Tian­ prosperity and freedom in a world safe at viser to the Polymer Division, National Bureau anmen Square, over 1 million of Hong Kong's peace. of Standards, and to various committees of 5. 7 million residents rallied behind them by If those dreams come true, then we will do the National Research Council in the area of conducting the largest demonstration in the well as a nation and as a people. Our chil­ materials. Dr. Boyer is the author of nearly colony's history. dren and grandchildren will inherit the 200 publications. He had 21 patents granted When the butchers of Beijing turned tanks spirit of America and they will continue to in his fields of expertise. and guns against their own citizens, the see Old Glory fly high and true over "the Dr. Boyer's 13 years in the laboratory were people of Hong Kong watched in wretched home of the free and the land of the brave." marked by a series of research accomplish- horror and contemplated their own future. June 13, 1990 EXTENSIONS OF REMARKS 13997 While the colony's confidence level was al­ forget?" These world bespeak the feeling of After graduating from the University of the Pa­ ready low, the events of June 4, 1989 ce­ the people of Hong Kong. cific in 1955, he went to work for the Stockton mented the fear and loathing that is now as­ Some peole have also said that democracy Unified School District as a teacher at the is not suitable for China, that China is some sociated with 1997. The great people of Hong kind of exception, that democracy could Montezuma Elementary School. During this Kong, who have demonstrated to the world never be put into practice in China. In time he also served as president of the PTA the reality and promise of free enterprise, are truth, however, the Chinese people are no and established the first student study group. now leaving in droves-45,000 in 1989, different from all the other peoples of the In 1960 he went to work for the Sacramento 50,000 this year, and perhaps even more next world. Last year's remarkable student move­ City Unified School District as a teacher at year. As the people of the world enjoy a wave ment demonstrated the thirst of the Chi­ Stanford Junior High School. He transferred to of democracy, human rights, and economic nese people for democracy. There now Albert Einstein Middle School in 1964 where freedom, the people of Hong Kong are left cannot be any question that the people of China have the ability and the right to es­ he has remained for the past 26 years. He wondering whether their future rulers will be of tablish a democratic system. was chairperson of the English department for the same mind as those who stifled the de­ As we today remember the past, I would 12 years, coordinator of the Einstein Pepsters mocracy movement on the mainland. like to take a moment and look into the and yearbook, taught gifted and talented stu­ The world must stand with Hong Kong and future. In my vision of the future, I see a dents [GATE] and was a committee person ensure that her residents are provided the springtime in Beijing in which 100 flowers for the Einstein International Heritage Pro­ freedoms and protections that all human are truly blooming. At every newstand in gram. He is a teacher extraordinaire in that he beings on this planet are entitled. Mr. Martin Beijing, I see dozens of newspapers and loves his work, his students, and his cowork­ magazines bursting forth with ideas from all Lee, the leader of the colony's democracy ers. His goal has always been to prepare his movement, is a man who is tirelessly working across the political spectrum. As the people of Beijing cycle home from work, they stop students to cope with the negatives through for this noble cause. He has formed the at one of these newstands and purchase the personal growth, positive attitudes and ac­ United Democrats, the colony's first major po­ newspaper of their choice. tions, and excellence in performance. litical party, and continues to speak out When I look into the future, I see a day Coupled with Jim's devotion to public edu­ against Chinese and British unwillingness to that is a national election day throughout cation in his dedication to his lovely wife, Ro­ provide Hong Kong the assurances necessary all of China. On that day, the hundreds of berta and church. He is a member of the Cen­ to survive. million Chinese who are old enough to vote tennial United Methodist Church, the church's To commemorate the 1-year anniversary of cast hundreds of million ballots. Throughout the country, people from board of trustees, superintendent of Sunday the Beijing massacre, over 130,000 colonial School, a member of the Council of Ministries residents marched through the streets of dawn to dusk gather in public places to dis­ cuss those issues most important to China. and Administrative Board, and chair of the Hong Kong. Martin Lee addressed the crowd The old and the young fervently debate how Pastor-Parish Committee. and delivered a message of hope for Hong they will use their prized right to vote. Mr. Speaker, I salute Jim's accomplish­ Kong freedom and democracy. I include his Where lines to tanks once stood on Chang ments and contributions to the public educa­ remarks in the RECORD and strongly com­ An Avenue in Beijing, I now see a row of tion and I ask that my fellow colleagues mend them to my colleagues' attention: voting stations stretching as far as the eye please join me in congratulating James De­ REMARKS BY MARTIN LEE can see. And that night, I look out on a Tianan­ Frantz for a job well done and extend our best Today, 4 June, marks the one-year anni­ wishes to him in all his future endeavors. versary of the violent suppression of men Square, where a great assembly of stu­ China's democracy movement. We come dents has gathered to hold a public forum on democracy. At that gathering on Tianan­ here together to light candles and in the SUPPORT OF HOUSE RESOLU­ flickering light to mourn those Chinese stu­ men Square, the students lay wreaths at the base of the Monument to the People's TION 384, CONCERNING THE dents and citizens who sacrificed their lives FAMINE SITUATION IN ETHIO­ in the pursuit of democracy. The light ema­ Heroes, and they light candles, much as we nating from these candles bears witness to are doing tonight, to remember their com­ PIA the fact that the people of Hong Kong and patriots who gave their lives in pursuit of of the world have not forgotten June democracy. As those candles burn brightly in the night, inside the Great Hall of the HON. DAN BURTON Fourth and that we are still determined to OF INDIANA achieve the ideals of the students. It is our People, the public officials are working tire­ abiding hope that democracy one day will lessly to tabulate the results of the hun­ IN THE HOUSE OF REPRESENTATIVES come to China. dreds of millions of ballots. Wednesday, June 13, 1990 When the people of the world remember And the day of my vision-the national June Fourth, what is it that they will re­ election day for all of China-is June 4. Mr. BURTON of Indiana. Mr. Speaker, I rise member? Will it be an image of Tiananmen It is my conviction that, if we all firmly in strong support of House Resolution 384, Square covered with tanks? No, it will not. adhere to our belief in democracy, that concerning the famine situation in Ethiopia. I It will be the picture of the lone man who future day will no longer be a vision, but a commend my colleague, the gentleman from through his courage and the power of his reality. Michigan [Mr. WOLPE], for his hard work and belief stopped a row of tanks. To the people diligence in bringing this resolution to the of the world, the symbol of June Fourth will never be a PLA soldier clutching a ma­ TRIBUTE TO JAMES "JIM" floor. chine gun in his arms; the symbol will DEFRANTZ Mr. Speaker, this is an emergency situation, always be the Goddess of Democracy hold­ pure and simple. If we do not act, people in ing in both hands the flame of liberty. HON. ROBERT T. MATSUI Ethiopia will die. Our responsibility is that Some people said that we ought to move OF CALIFORNIA heavy. forward rather then dwelling on the events IN THE HOUSE OF REPRESENTATIVES Two weeks ago, Mikhail Gorbachev came of the past. While we indeed must continue to town, and received a hero's welcome. He to move forward, at the same time, we must Wednesday, June 13, 1990 can only dream of such adulation back in the never forget what has happened. For, if we fail to reflect on the lessons of the past, Mr. MATSUI. Mr. Speaker, I rise today to Soviet Union. Everybody wants to believe that how can we ever establish our direction into pay tribute to an outstanding individual from Gorby is the apostle of peace, of the new the future? my congressional district on the occasion of Soviet attitude. But as we speak, Soviet The leaders of China all hope that the his retirement from the Albert Einstein Middle bombers are killing and maiming innocent chil­ people will forget the past. They try to School. On the evening of June 8, 1990, the dren in Eritrea. One billion dollars in military whitewash history and paint over the truth. friends and family of James "Jim" DeFrantz assistance continues unabated, this year Yet, we must tell them with certainly that will be gathered together to host a retirement alone, to Mengistu, the butcher of Addis. the people will not forget. It is only through celebration dubbed " Memories," for him. It is I recently had a chance to view, along with the memory and the knowledge of the May indeed an honor to share with you and my Fourth Movement, the Cultural Revolution, several of my colleagues, a graphic videotape and the June Fourth tragedy that we avoid colleagues the inspiring career of this devoted of the bombing of the Eritrean port of repeating the grave mistakes of the past. As public servant. Massawa. Mr. Speaker, I cannot adequately the poster for today's event says: "We do Mr. DeFrantz has spent the entire span of convey the horrible images I saw on that film. not want to remember, but how can we ever his career serving the citizens of California. But I can assure you that neither I, nor 13998 EXTENSIONS OF REMARKS June 13, 1990 anyone who has seen it will ever forget it. To we must, and why we can, make tough Total medical costs here rose nearly 15% see the effects of napalm and cluster bombs choices in health care. last year at Upjohn, a pharmaceutical con­ on completely innocent children-there are I have one quarrel with the writer of the arti­ cern, and 20% at both Stryker Corp., a med­ cle. He says about half way through that "re­ ical equipment company, and Fabrikal, a just no words that can describe the pain and plastic products maker. First of America heartbreak. imbursements from Medicaid and Medicare Corp., bank holding company, budgeted a The blame clearly lies with the Soviet Union don't keep pace with costs. * *" Well, I 45% increase in costs this year from 1989. which supplies the weapons, and with the agree Medicaid may need to reimburse better, "We have good medical care," says Theo­ Communist dictatorship in Ethiopia which uses but I think that the readers of the article will dore Cooper, chairman, president and chief them. Let no one cloud the issue here by agree that it is insane for taxpayers to give executive of Upjohn. "We need it to be trying to assert that the rebels share equal this kind of economic black hole an open priced right." blame. There is no moral equivalence here. ticket to the Treasury. As a result, Upjohn and other major busi­ The Eritrean People's Liberation Organization Medicare payments should not keep pace nesses here have tried to get the hospitals has become a legitimate, well-organized, mod­ with the kind of expenditure stupidity de­ to cooperate. But nearly all the efforts have scribed in the article. When Members of Con­ failed. Last fall, the most ambitious-a two­ erate force. They have achieved a great deal year effort to merge the hospitals, one for their people. Through the Eritrean Relief gress are lobbied by the health sector for Catholic and one Methodist-collasped over Association, they have kept the people of Eri­ more money, we should first remember that the issue of abortion. trea fed and clothed, and have showed them­ the situation in Kalamazoo is being repeated Bronson and Borgess haven't gotten along selves to be a humane, compassionate group in hundreds of cities and towns across this since the turn of the century, when a group in their treatment of, not only their own Nation. of doctors left Borgess, which had been people, but the Ethiopian POW's as well. They The article follows: founded by the Sisters of St. Joseph, to are certainly a force to be reckoned with, and RIVAL OPERATIONS-COMPETITIVE ANOMALY: start their own hospital. Each hospital, of their legitimate grievances must be addressed. CONSUMERS PAY MORE IN Two-HOSPITAL course, has its own version of that. Borgess says the doctors were kicked out Mr. Speaker, Mengistu's war on the people TOWNS in Wegner, Amy Wheaton, Arne Windover, Leslie The Joint Declaration provides that the Hong Kong if Beijing declares that the ter­ Mesch, Sarah Jaquish, and Anna Fidler-are executive authorities "shall be accountable ritory is in a state of "turmoil". top-notch competitors. to the legislature." Under the Basic Law, 7 . VIOLATION OF THE LETTER OF THE JOINT Mr. Speaker, and my colleagues in the however: DECLARATION House, join me today in congratulating the The Chief Executive can unilaterally In addition, there are four aspects of the Traverse City High School Odyssey of the dissolve the legislature if it fails to pass an Basic Law that clearly violate the letter of Mind team on their world championship. I "important" bill.

The Chief Executive must give his/her ality for future Hong Kong residents and Traverse area, will inspire younger students to consent in writing if any member of the leg­ public servants. Joint Declaration, Annex I, explore and develop their emerging talents. islature wishes to introduce any bill "relat­ Clause IV says that only Chinese nationals ing to government policies"-a potentially shall be able to serve as " heads of major all-encompassing prohibition.

Any Government-proposed bill need be HKSAR. This is the only nationality restric­ BASICALLY FLAWED approved by a simple majority of the Legis­ tion on public officials in the Joint Declara­ lature. If a member of the legislature intro­ tion. HON. JOHN EDWARD PORTER duces any bill or any amendment to a Gov­ The Basic Law, however, states that at ernment bill, however, the bill/amendment least 80% of the future HKSAR legislators OF ILLINOIS must be approved by separate majorities of must be "Chinese citizens with no right of IN THE HOUSE OF REPRESENTATIVES democratically elected legislators and indi­ abode in any foreign country."

Wednesday, June 13, 1990 Such restrictions on legislators, in addition The Chief Executive will not be demo­ to being unworkable in practice, violate the Mr. PORTER. Mr. Speaker, the Sino-British cratically elected; rather he/she will be se­ Joint Declaration, which placed no national­ Joint Declaration on the Future of Hong Kong, lected by an "Election Committee" and ap­ ity restrictions on legislators. signed on December 19, 1984, sets forth at pointed by Beijing. Similarly, though the The Basic Law also states that the great length the terms under which China will Legislative Council may a pass a motion of Chief Executive

Article 24 of the Basic Law details who of the Executive and Legislative Councils of interpretation of the Basic Law rests not will be permanent residents of the future [OMELCO]. This is significant because the in Hong Kong's courts but in the Standing HKSAR. Subclause <4> includes "Persons OMELCO report included extensive and far­ Committee of the National People's Con­ not of Chinese nationality who have en­ reaching amendments. Tiananmen Square gress. tered Hong Kong with valid travel docu­ 4. POWER OF AMENDMENT ments, [who have] have ordinarily resided and the repression that followed has done ir­ in Hong Kong for a continuous period of reparable harm to confidence in Hong Kong. The Joint Declaration is silent on the not less than seven years.. .. " [emphasis A good Basic Law could have gone a long question of who has the power to amend the added]. way toward restoring that confidence. Unfortu­ Basic Law. Article 159 of the Basic Law The clause derives from the Joint Declara­ nately, several aspects of the final Basic Law gives the National People's Congress the tion's Annex I, Clause XIV, which explicitly power to amend unilaterally any aspect of set forth who the permanent residents of are in contravention of the Joint Declaration the Basic Law without reference to Hong and the document as a whole provides the the future HKSAR would be. For the most Kong. part, Article 24 of the Basic Law copies the people of Hong Kong little hope that there 5. SUBVERSION future rulers will be benevolent ones. Joint Declaration word for word. Article 24, The Joint Declaration Annex I, Clause II however, breaches the Joint Declaration by Mr. Martin Lee, a legislative council member promises that "the laws previously in force adding the phrase "who have entered Hong in Hong Kong has prepared a summary of the in Hong Kong (i.e., the common law, rules Kong with valid travel documents." This Basic Law's basic flaws. I commend them to of equity, ordinances, subordinate legisla­ formulation could strip permanent residen­ my colleagues' attention. tion and customary law) shall be main- cy status from certain non-Chinese nation- June 13, 1990 EXTENSIONS OF REMARKS 14001 als who were born in Hong Kong and thus source of support and guidance for the resi­ pects of the Gejdenson Amendment to H.R. "did not enter Hong Kong with valid travel dents of Sacramento, and has played a signifi­ 2567, the Reclamation Projects Authoriza­ documents". cant role in the city's development. I wish the tion and Adjustment Act. Article 107 of the Basic Law states, I understand that the participation of var­ among other things, that the future Hong parish a long and successful future. ious irrigation districts may be desirable or Kong Government shall "avoid deficits and even essential in future Indian water rights keep the budget commensurate with the GEJDENSON AMENDMENT TO settlements, and that such participation growth rate of its domestic product." There H.R. 2567, THE RECLAMATION may involve amendments to existing con­ is nothing in the Joint Declaration that jus­ tracts with the Secretary of the Interior. It tifies the insertion of this Article into the PROJECTS AUTHORIZATION is my expectation that contract amend­ Basic Law. The policy directives contained AND ADJUSTMENTS ACT OF ments solely to facilitate Indian water in the Article, moreover, have no place in a 1989 rights settlements-not conferring new or constitutional document. additional benefits to such districts-would RESPONSE OF BRITISH GOVERNMENT HON. JOHN J. RHODES III be appropriate to exempt from the require­ The British Government, as a party to the OF ARIZONA ments of the Gejdenson Amendment when the failure to do so would preclude a negoti­ Joint Declaration, has an obligation to seek IN THE HOUSE OF REPRESENTATIVES that the Basic Law fully accords with the ated settlement. 1984 agreement. Though officials admit pri­ Wednesday, June 13, 1990 Recognizing that the action of the 101st vately to the breaches of the letter of the Congress cannot bind the actions of future Mr. RHODES. Mr. Speaker, I would like to Congresses, it is my further expectation Joint Declaration set out above, the British include at this point in the RECORD copies of a Government has refused to publicly criticise that any legislation necessary to affirm an any aspect of the Basic Law. In fact, the of­ recent exchange of letters between me and Indian water rights settlement that requires ficial British position, as set forward in the Mr. Ed Osann of the National Wildlife Federa­ the participation of an irrigation district Annual White Paper Report on Hong Kong, tion, regarding the nonapplication of the Gejd­ holding an existing contract with the Secre­ is that the Basic Law is a "remarkable docu­ enson amendment provisions to irrigation dis­ tary would carry specific language exempt­ ment." The White Paper makes no refer­ trict contracts which may be required to be ing such district from the application of the ence to the fact that on 4 April 1990-the amended as a result of participation in an Gejdenson Amendment, whenever the fail­ ure to provide such an exemption would same day that the Basic Law was promul­ Indian water claims settlement. gated in Beijing-the Hong Kong Legislative frustrate the underlying Congressional ob­ Council overwhelmingly passed a motion The following is the text of those two let­ jective of effectuating a negotiated settle­ calling for extensive amendments to the ters: ment of Indian water rights. Basic Law. WASHINGTON, DC, June 12, 1990. Sincerely, Mr. EDWARD R. 0SANN, EDWARD R. 0SANN, National Wildlife Federation, Director, Water Resources Pro­ HOLY SPIRIT PARISH Washington, DC. gram, National Wildlife Federa­ SACRAMENTO, CA DEAR MR. OsANN: This is to solicit your tion. understanding regarding the impact of the HON. ROBERT T. MATSUI most recent draft of the amendment pro­ posed to be offered by Congressman Sam OPEN LETTER FROM ELENA OF CALIFORNIA Gejdenson to H.R. 2567, the Reclamation BONNER ON LITHUANIA IN THE HOUSE OF REPRESENTATIVES Projects Authorization and Adjustment Act Wednesday, June 13, 1990 of 1989. Specifically, is it your expectation and HON. BARNEY FRANK Mr. MATSUI. Mr. Speaker, I rise today to intent that irrigation districts which would OF MASSACHUSETTS invite my colleagues to join me in celebrating not otherwise be subject to the provisions of IN THE HOUSE OF REPRESENTATIVES the 50th anniversary of the Holy Spirit Parish the Gejdenson Amendment, should not be Wednesday, June 13, 1990 of Sacramento, CA. subject to the application of the Gejdenson Holy Spirit Parish was built to meet the spir­ Amendment as a result of being part of any Mr. Frank. Mr. Speaker, 4 years ago I had itual needs of a large number of Catholic fami­ Indian water settlement that as a condition the great privilege, along with our former col­ lies who had moved to the city's southside. of such a settlement requires the irrigation league from California Mr. Lungren, to accom­ Upon its ground breaking on July 26, 1940, it district to have its contract amended? pany Elena Bonner on her return to Moscow. Is it also your position that in the context Ms. Bonner had been in the United States for became the fifth Catholic parish in Sacramen­ of any such Indian water settlement, specif­ to. In 1948, the church was able to raise the ic language should be included in the legis­ medical treatment while her husband, the late funds necessary to build a school for young lation affirming that settlement, stating the Andrei Sakharov remained in internal exile. Catholic children. Administered by the church, exemption from the application of the Shortly after she returned to Moscow, the in­ the school implemented a novel tuition policy Gejdenson Amendment for the irrigation ternal exile decree was lifted and she and her in which parishioners who used the Sunday district. such as the Roosevelt Water husband were allowed to return to Moscow, contribution envelopes regularly, and contrib­ Conservation District in Arizona, where he was subsequently elected to the uted according to their means, were not re­ involved in the Indian water settlement? Russian Parliament. quired to pay tuition. This policy was designed We would appreciate your response prior While we have been deprived of Andrei to House floor consideration of the Gejden­ to prevent impoverished Catholic children son Amendment, expected Wednesday or Sakharov's brilliant advocacy for human rights from receiving a Catholic education. Unfortu­ Thursday of this week. by his death, Elena Bonner continues the im­ nately, due to the increasing costs of educa­ Thank you for your consideration. portant work which was their joint effort. She tion, the no tuition policy is no longer in effect. Sincerely, was recently in this country and I was pleased As Sacramento experienced rapid post­ JOHN J . RHODES Ill, to be able to meet her again at a meeting World War II growth, the small church was Member of Congress. held by Armenian-Americans in Massachu­ unable to accommodate all the parishioners MORRIS K. UDALL, setts at which she was recognized for her within its official parish boundaries. By the Member of Congress. staunch defense of the rights of the people of midfifties the population within the church's NATIONAL WILDLIFE FEDERATION, Armenia. At that time, I had the chance to dis­ boundaries nearly tripled to over 12,000 pa­ Washington, DC, June 13, 1990. cuss with her the situation in Lithuania, an op­ rishioners. The conditions were such that pa­ Hon. MORRIS UDALL, portunity I sought because I have an enor­ rishioners at midmorning masses were forced Chairman, Committee on Interior and Insu­ mous amount of respect for her expertise to crowd into the vestibule and, on occasions, lar Affairs, House of Representatives, about Soviet politics as well as her commit­ out onto the front steps. By Christmas 1957, a Washington, DC. ment to human rights. She mentioned to me new wing was added to the church. Hon. JOHN J. RHODES III, at that time an open letter she sent to Presi­ House of Representatives, dent Bush sometime earlier in which she While Holy Spirit Parish's development has Washington, DC. paralleled that of the surrounding community, DEAR MR. CHAIRMAN AND REPRESENTATIVE strongly urged strong American support for its commitment to tradition and strong sense RHODEs: I am pleased to respond to your in­ Lithuanian independence. of the past are ever present. Since its found­ quiry regarding the understanding of the Her letter is a powerful statement of behalf ing in 1940, Holy Spirit Parish has been a National Wildlife Federation on certain as- of American support for the brave people of 14002 EXTENSIONS OF REMARKS June 13, 1990 Lithuania and their right to the independence [From the Anderson Independent-Mail, We join with her wonderful and large family, which was brutally and illegally taken from June 11, 1990] who have come here from all across the them by the Hitler-Stalin pact. Because of PAINTBRUSH DIPLOMATS' CHOSEN United States, to celebrate the spirit of her Elena Bonner's impeccable credentials as a growth, which explains why wealthier Americans. This could be achieved in many Drug abuse has become the dominant Americans now pay a greater share of all different ways. A new tax bracket for characteristic of child protection caseloads federal taxes than they did ten years ago. higher-income Americans could be created. in 22 States, affecting over 70 percent of However, this is not a very good measure of Corporate tax rates, which dropped off child welfare cases in some areas. About progressivity in the tax system. The afflu­ 700,000 children are abused or neglected ent paid a somewhat bigger share of the sharply in the 1980s, could be raised. Social each year by a caretaker who abuses alcohol taxes over the 1980s because they received a Security payroll taxes could be reduced. Or, or drugs. decade-an astounding 75% increase. This property taxes. Access to drug treatment is limited for disparity in income shares is the largest At the same time, we should try to avoid pregnant women and women with children. since these statistics were first compiled in tax changes that would worsen the progres­ Only 16 percent of New York City's drug 1947. Affluent people's share of the taxes sivity of the tax system. For example, Presi­ treatment programs serve pregnant women went up a lot less than their share of the dent Bush's proposal to reduce the capital addicted to crack. Few programs provide income, and thus their tax burden went gains tax would be a windfall for wealthy child care or allow children to remain with down. Americans. By one estimate, 83% of the tax­ their mothers during treatment. reduce our dependence on pe­ "does not entail any interference with the the Sheraton Hotel, to kill everyone inside troleum-based fuels and (2) insulate our speaker's freedom to express his or her ... We were asked not to have mercy on state from fuel price shocks and supply dis­ ideas by other means." anyone and to kill any patron we encoun­ ruptions. The flag is so important to so many tered." We in California are mindful of our vul­ people as a symbol of shared national One need not search far for evidence im­ nerability. California is the third largest values, Justice Stevens wrote, that govern­ plicating Abbas himself in the planning of consumer of gasoline in the world, following ment should protect it. It is unfortunate the attack. While undergoing training for the U.S. as a whole and the U.S.S.R. My that he and his colleagues could not assem­ the operation under the command of Abbas' state uses an average of more than one bil­ ble a majority that would do so. deputy, according to the captured terrorist, lion gallons per month, and its transporta- June 13, 1990 EXTENSIONS OF REMARKS 14009 tion system is 99% dependent on petroleum­ By 1983, more than 500 factory-produced ethanol, propane, compressed natural gas, based fuels. Ford Escorts were placed in methanol fleets hydrogen, electricity and reformulated gaso­ The 1989 Exxon Valdez oil spill caused throughout California. These fleets have ac­ line would all result in improvements in air only a brief disruption of Alaska crude oil to cumulated over 23 million miles, with most quality and improve energy security. California-yet California prices at the gas vehicles still in service. We discovered, not The board recommended that the state's pump skyrocketed across the state. (By the surprisingly, that the limited number of air resources board adopt emission based way, the California legislature passed a res­ methanol fueling facilities reduced driver performance standards to prompt the devel­ olution I authored asking our attorney gen­ acceptance. opment and sale of clean fuels. I can report eral and energy commission to investigate So in the last two years, the California that our air resources board has held public allegations of oil industry price gouging fol­ Energy Commission has begun demonstat­ workshops on clean fuels and produced a lowing the spill). ing flexible fuel vehicles manufactured by proposed program which permits all fuels to In the last few years, California has dis­ Ford and General Motors that are capable compete-no particular fuel is mandated. covered that alternative fuels also provide a of operating on methanol, ethanol, gasoline, The emission based standards would allow remarkable opportunity to overcome what or any blend of these fuels. They are totally methanol, ethanol, compressed natural gas, seem to be insurmountable air quality prob­ automatic in operation-no switches, no ad­ electricity and reformulated gasoline to be lems. Even with the nation's most aggres­ justments whatsoever from the drivers per­ sold in the California marketplace so long as sive program to combat air pollution, Cali­ spective. With flexible fuel cars, the fear of they meet the State's stringent emission fornia's major urban areas, including the running out of fuel or having a restricted standards. south coast air basin which I represent, do driving range is no longer a factor. I'd like to comment on the advent of re­ not meet Federal air quality standards. For example, these vehicles could be re­ formulated gasoline, which I believe was I believe that alternative fuel diversity is quired in a polluted non-att~inment area first introduced by ARCO in southern Cali­ the insurance policy we need to combat like Los Angeles, where methanol could be fornia. I don't think that the oil industry both hazardous air pollution and dangerous widely distributed. Drivers could leave the would have come up with this cleaner gaso­ petroleum dependence. In California we area with the comfort of knowing they line had not california in its clean fuels ini­ have active clean fuel deomonstrations pro­ could still fuel up with gasoline. Flexible tiatives, and the president and congress in grams in three major areas: <1) methanol, fuel vehicles offer us a true 50-state ear­ their debate over the clean air act amend­ (2) compressed natural gas and <3> electrici­ one which operates on gasoline where clean­ ments, threatened to replace gasoline with ty. er fuels are not available, and yet one which alternative fuels. Reformulated gasoline, in Before I continue with my remarks, I operates as well on clean alcohol fuels, such my judgment, is not the best clean fuel. But would like to show you seven slides which as methanol and ethanol. I welcome the oil industry competing in this display methanol, natural gas and electric California is implementing a flexible fuel area so long as it does not convince the vehicles which I will be mentioning in my demonstration program with the goal of op­ Bush administration and congress to dis­ comments. erating at least 5,000 vehicles in the state by criminate against other clean fuels such as Slide number one is a flexible fuel GM 1993. Agreements have been signed with methanol, natural gas and electricity. Corsica, which can run on methanol, etha­ Ford and General Motors to deliver a por­ In contrast to petroleum based gasoline, nol, gasoline or a blend of these fuels. tion of these vehicles, and we are seeking natural gas is comparatively inexpensive Slide number two is a flexible fuel Ford additional participation by Toyota and and plentiful in north america. Because of Crown Victoria, which can also run on alco­ Nissan. its clean burning characteristics and attrac­ hol fuels or gasoline, or a blend. With the aid of federal funds, California tive cost, natural gas is increasingly being Slide number three is a Nissan flexible is also demonstrating the use of heavy-duty viewed in California as the fuel of choice for fuel car. methanol fueled transit buses at the golden stationary power generation. We are now Slide number four is a methanol-fueled gate transit district in San Francisco and beginning to look at natural gas as a clean truck. the Southern California rapid transit dis­ transportation fuel. Slide number five is a methanol transit trict. We also have underway a $60 million Because of the increased efforts to seek bus. dollar clean fuels school bus program that air quality improvements, the gas utilities in Slide number six is a "G-Van" electric ve­ will retire obsolete, unsafe school buses with California have begun an aggressive effort hicle. clean fuel buses. This year we expect the de­ to initiate compressed natural gas vehicle And slide number seven is a compressed livery of 50 methanol school buses. Emis­ demonstrations, which I strongly support. natural gas van. sions testing on these buses have indicated Due to the expense of purchasing gas com­ For near-term, widespread market accept­ that methanol fueled heavy-duty vehicles pressor fueling systems and vehicle range ance, the California Energy Commission be­ have significantly lower emissions than limitations, compressed natural gas vehicles lieves that methanol fuel offers the sim­ their diesel counterparts. in California will likely initially be used in plest, most cost-effective option to petrole­ Vehicle demonstrations alone will not metropolitan areas for commercial van um fuel because < 1) it is a clean burning, create a self-sustaining market for clean fleets with central fueling facilities. cost-competitive liquid alternative that can burning alternative fuels. We also need to Electric vehicles hold the promise of virtu­ substitute for both gasoline and diesel; (2) it build a supply and distribution system. A ally eliminating mobile source emissions. is the least disruptive alternative for con­ few years ago, I introduced legislation that Battery-powered electric vehicles are cur­ sumers, automotive companies and the fuel would have required oil companies to install rently being demonstrated in commercial distribution industry, and (3) it provides methanol compatible storage tanks in gas fleet applications in California. General equal or superior overall vehicle perform­ stations at the time old, leading storage Motors, Chrysler and Ford are supporting ance. tanks were removed to comply with toxic the production of electric vans. Also this The California Methanol Fuels Program pollution requirements. At the urging of the year five California electric utilities in coop­ started in about 1978 with field tests of rela­ oil industry the governor vetoed the bill. eration with the California energy commis­ tively small volumes of alcohol fuels by Thereafter, however, ARCO and Chevron sion will begin an on-road demonstration of blended with gasoline. Both ethanol and volunteered to place methanol fueling facili­ 38 electric vehicles. methanol fuel technologies were demon­ ties across the state, and Shell and Exxon A preliminary assessment of California's strated. Methanol became our preferred al­ have recently joined the program. Up to 50 electricity supply system suggests that the ternative. methanol fueling facilities will soon be oper­ State could comfortably accommodate the Most ethanol production facilities are con­ ational. off-peak charging requirements for a consid­ centrated in the midwest grain-producing I want to move away from methanol and erable number of electric vehicles. However, states. Due to the current Federal subsidy, return to my earlier theme of diversity. In limited driving range and battery life equivalent to about 60 cents per gallon, eth­ 1987, the legislature established the blue appear to be the key impediments to wider anol has been and will likely continue to be ribbon California advisory board on air use of electric vehicles. It is my hope that economically competitive as a gasoline quality and fuels, composed of 17 members the recent announcement by General blending agent. But without the subsidy, representing the automotive and oil indus­ Motors of the introduction of the ethanol faces a serious cost problem. In ad­ tries, state agencies, local air quality dis­ "impact"-a passenger-size commuter elec­ dition, California air quality agencies have tricts, the business community, environmen­ tric vehicle-may represent a technological expressed concern regarding the higher tal groups and the public at large. The advi­ breakthrough in this area. emissions that come from ethanol-based sory board was directed to make recommen­ I have provided NCSL with a handout de­ gasohol. Since the clean fuel vehicles in dations on the need for and benefit of using scribing a number of California emergy California can run on ethanol, we are con­ mandates and incentives to facilitate the in­ commission alternative fuel programs. I tinuing to evaluate ethanol fuels, but this troduction of a variety of clean fuels. would like to also briefly mention three bills option may turn out to be best in other The board completed its efforts in 1989 that I have authored in recent years which parts of the country. and concluded that the use of methanol, direct other California government agencies 14010 EXTENSIONS OF REMARKS June 13, 1990 to participate in clean fuels programs. Judge Harold H. Greene denied the tempo­ the NAACP provide membership lists was il­ These bills are included in your handout. rary restraining order. I submit for Members' legal. There is, of course, nothing remotely In 1988, I authored a bill directing tJ;te review Judge Greene's decision: comparable to that. . south coast air quality management dis­ Even less substance is that the planttffs trict-which is responsible for cleaning up The CouRT. Well, it's quite obvious that claim that they are the third-party benefici­ the plaintiffs feel very strongly about this, the air in Los Angeles-to establish a cl~an aries of an implied contract between the judging from the argument we've heard and fuels program paid for by a $1 motor vehi~le Congressman and the House of Representa­ judging from the papers that I have read. registration surcharge on south coas~ ~~s­ tives. Apparently, this contract is supposed trict motorists. There are about 9 million But, of course, strong feelings and emotio~ to arise because he took the oath of office drivers in the air district-so that gives you don't exempt parties from making therr and because he is subject to a code of ethics. some idea of how much money you can points in accordance with law and showing Enforcement of the code of ethics, of raise. The south coast air quality district some likelihood of success in accordance course, is for the House of Representatives now has one of the most ambitious clean with law; and we don't proceed in a cou_r~­ and the Congress-and not for the court-to fuels programs in the Nation. room as if it were a political issue or politi­ make. Last year I authored a bill requiring the cal meeting. So far as relative injury and injury to the State's department of general services to Let me say a few things about what ~as public interest is concerned, plantiffs fail in ensure that at least 25% of the vehicles pur­ been said here in the court in terms of like­ lihood of success. First let's look at the com­ several respects. It is not the public interest chased by the State are low-emission vehi­ for the plaintiffs to be able to attack the cles-in other words new State cars, vans, plaint. Rule 8 of the Federal rules of civil procedure, as certainly Ms. Kraut knows, re­ Congressman and have the court silence and trucks that run on clean burning fuels. him. Thus the State of California is helping to quires a "short and plain state~ent. of the build, a market for these alternative ~uel ~~­ claim showing that the pleader IS entitled to CERTIFICATE OF REPORTER hicles. The bill also required our public utili­ relief." This record is certified by the undersigned Instead of a short and plain statement of ties commission to provide incentive, of~­ reporter to be the official transcript of the peak rates for electric and natural gas vehi­ the claim showing that the pleader is enti­ above-entitled matter. cles. tled to relief, we have 34 pages of relatively LAURA M. BEASLEY, This year I have a bill pending th;at. would rambling charges. Just to give a little bit of Official Court Reporter. direct our public utilities commissiOn to the flavor of what's in the complaint, state­ ments such as "Mobuto has lots of money Listed below is an excerpt from an article allow electric and gas utilities to develop for written by Phyllis Goldberg in their National Al­ sale electric and natural gas vehicles and from corruption and is guilty of human equipment such as batteries for electric ve­ rights violations; some Congressmen su~­ liance newspaper of May 24, 1990: port Mobuto, others oppose him; some P_rl­ hicles and compressor stations for natur~l Green-who could have simply denied the gas vehicles. I believe California energy util­ vate organization has demanded an ethtcs IPLI motion on strictly legal grounds-took ities have the resources and expertise of probe of Mr. Dymally." the occasion of this afternoon's hearing to give the automotive and oil industries a run Is it "Dymally" or "Dymally"? launch a bullying attack against the plain­ for their money when it comes to clean Mr. Ross. Dymally. tiffs and their representatives. In a decision fuels. The CoURT. Something or other is "per­ that bore the odor of political collusion the California has over 20 State agencies and ceived by many knowledegable observers as federal judge ignored the substance of the commissions that share responsibility for a victory for the anti-Mobuto lobby and es­ IPLI arguments, echoing the Dymally law­ energy and environmental functions. In the pecially for the rainbow lobby." I do_n't yers' charge that they amounted to nothing know what kind of a statement or assertiOn more than "political rhetoric" and snidely area of clean burning fuels, programs are that is in a legal pleading. In short, the com­ being undertaken by our State:s _energ_y informing IPLI executive director Alv~a~er commission, public utilities commission, air plaint does not comply with rule 8, and es­ Frazier that if she wanted to hold a pollttcal sentially is nothing more than a press re­ rally she should do it elsewhere. resources board, Department of Tra~porta­ lease. tion, Department of Food and ~griCulture, Green's abdication of judicial independ­ As to the specific claims for relief, counts ence-his refusal to tell a US Congressman and Department of General Services. three and four claim unfair competition and One of the goals of our joint committee that he couldn't slander and threaten and disclosure of trade secrets. These kinds of endanger his political opponents with in­ on energy regulation and the environment, lawsuits may be brought in the business which I chair, is to provide the next gover­ punity-was only to be expecte_d Florida, Clem's successor as or distributing" certain documents in my pos- am very well familar with. In there, th~ ~u­ chairman of the Foreign Affairs Committee, session. preme court held that the State requmng countered the Reagan administration's argu- June 13, 1990 EXTENSIONS OF REMARKS 14011 ment that new chemical weapons would always working for goals that are constructive hand in hand with freedom and economic de­ somehow add to U.S. interests by declaring: and positive for the betterment of mankind. I velopment. Moreover, people like the Poles, "The only thing this multibillion dollar program recently read in the magazine, "For a whose faith has endured through repression adds to is the Federal deficit!" Change," an article about the positive life that and suffering, may have something to teach I thought my colleagues might enjoy a former Jimmy Carter is living with his great the West and East alike. I think so. recent column on Zablocki's role by lvo Spala­ spouse, our former First Lady, Roslyn Carter. tin, staff director of House Arms Control Sub­ The article stresses the work that is being committee for the last 12 years under the done to provide housing for needy people, HEROIC RESCUE chairmanships of both the Clem Zablocki and which the former President is fulfilling with his DANTE FASCELL. own hammer. The title to the lead story in that HON. GEORGE J. [From the Milwaukee Journal, June 4, 1990] magazine is about this and it is: "If I Had a HOCHBRUECKNER ZABLOCKI ROLE IN CHEMICAL PACT LAUDED Hammer." Hispanic listeners who wish to maintain their life for all. The result has been to bring people bigger anymore. We just have to make it Cuban roots while at the same time still enjoy together throughout the New York region. better." modern music. · In his many philanthropic endeavors, Alan Quality of life has become a major consid­ Tishman has demonstrated an unfailing com­ eration of any business looking to expand. WQBA was the first Spanish language sta­ mitment to the ideals of charity and service to It would be tragic if Chester County de­ tion to broadcast with 50,000 watt and it still a the community. In doing so, he has demon­ stroyed its environment to gain prosperity and ended up losing both. powerful force in south Florida. The radio per­ strated for us all how the principles of Juda­ One way to control growth in Chester sonalities are legends on the air waves, ism can be successfully integrated into our County is to tie up development rights on Tomas Garcia Fuste's leadership and strong daily lives. But his compassion and concern key lands. That's what the proposed $50 following ensures that the listeners will be up not only provide a model for Jewish Ameri­ million bond issue to preserve farmland and to date on all international news. With him on cans-they provide a model for all Americans. open space would enable the county to do. the WQBA team are political commentators He has embodied universal values that all It's essential the bond issue be approved. Americans honor and appreciate-values like Vote yes on Election Day. Agustin Tamargo and Jaime de Aldeaseca. On air personalities and entertainment talent hard work, the ability to solve difficult prob­ includes Dr. Manuel Rico Perez, Nestor lems, and the ability to make a difference in Cabell, Fausto Miranda, Mario Martin, Antonio the lives of others. Gonzalez, Jose Lopez Lacau, Ricardo Valla­ For all of these reasons, Alan Tishman de­ serves the gratitude and praise of the entire A SALUTE TO THE SPANISH dares, Israel Capiro, Arnaldo Roza, and Raul New York community. He has done what few RADIO NETWORK Tapanes. Julio Mendez is still with WQBA as citizens can ever hope to do-he has helped the station manager and Rita Perez has been transform the community and make it a better HON. ILEANA ROS-LEHTINEN a part of the team for many years. OF FLORIDA place to live for all local residents. IN THE HOUSE OF REPRESENTATIVES With its 11 years on the air, Super Q also Alan is president of Tishman Management enjoys a long history of accomplishments. It and Leasing Corp., one of the country's larg­ Wednesday, June 13, 1990 est real estate companies. throughout this was the first station to play compact discs in Ms. ROS-LEHTINEN. Mr. Speaker, I wish to career, he has never hesitated to involve him­ both languages. The station has a 10,000 foot congratulate Tichenor Media System and self in civic affairs. Radio Wado Inc., for recently acquiring two antenna which reaches Monroe, Dade, He has served as a trustee of New York's Spanish language radio stations in Miami: Broward, and Palm Beach Counties, and it Mount Sinai Hospital for many years, and his WQBA-AM and Super Q FM Tichenor Media was a pioneer in the contemporary Spanish support and guidance have contributed im­ system owns and operates nine other Spanish musical format. measurably to that hospital's fine reputation. radio stations across the country and in join­ As a former vice chairman of the board of the The Spanish Radio Network should be justi­ ing forces with Radio Wado Inc. forms Span­ Jewish Child Care Association, he involved fiably proud of these fine additions. The net­ ish Radio Network as the largest group of himself extensively in the urgent task of pro­ Spanish radio stations in the Nation which work already has 12 stations in 8 markets, viding quality care for the next generation. provide valuable up to the minute information which in addition to WQBA and Super Q in­ While serving on the executive committee on world affairs as well as domestic and local clude Radio WADO, New York; KCOR, KGBT, of the association for a better New York, he news plus exciting entertainment program­ KIWW, KLAT, KBNA, KUNO, all in Texas: was intimately involved in efforts to significant­ ming. WOJO and WIND, Chicago. ly improve the quality of life in the metropoli­ Warren Tichenor, Julio Mendez, and the tan New York area. He has also served in the entire staff of dedicated professionals are I would like to congratulate all of the profes­ essential role of vice president of UJA-Federa­ working hard to ensure that radio listeners will sionals in WQBA and Super Q who are in­ tion. continue to enjoy the same high quality of pro­ volved in bringing quality radio broadcasting to But a mere listing of his offices and accom­ gramming, with on air quality led by AM this area. plishments does not do full justice to the con- 14014 EXTENSIONS OF REMARKS June 13, 1990 tributions of Alan Tishman. He is a unique in­ before 1917. notch babies generally received H.R. 2567, THE RECLAMATION dividual of enormous energy and enthusiasm more than those born after 1921. PROJECT REAUTHORIZATION for doing what is right and making progress on During the 1OOth Congress I cosponsored AND ADJUSTMENTS ACT issues of importance. He is one who seizes two measures (H.R. 1721 and H.R. 1921) every opportunity to advance the ideals we which would have lengthened the benefit tran­ HON. PAT ROBERTS cherish as Jews and as Americans. He is one sition period. However, neither of these was whose skill and wisdom are respected acted upon before adjournment. This legisla­ OF KANSAS throughout the community. tion was reintroduced in the 101st Congress IN THE HOUSE OF REPRESENTATIVES In short, Alan Tishman, is an irreplaceable and no action has as yet been taken. Wednesday, June 13, 1990 figure in New York. And on this occasion, I The Social Security notch is one of my con­ Mr. ROBERTS. Mr. Speaker, today, I rise in would like to pay tribute to his many accom­ stituents' biggest concerns. If there ever was plishments and to his indomitable spirit by strong support for H.R. 2567, the Reclamation an issue the senior citizens in Michigan were calling them to the attention of the entire U.S. Projects Authorization and Adjustment Act of unhappy about, this is it. I receive more mail Congress. 1989. Included in H.R. 2567 is much needed on this matter than any other single issue. Along with his wife, Peggy, Alan Tishman is legislation regarding the future of the Cedar fully deserving of the CLAL Yisrael Award, be­ Americans are frustrated with notch inequity Bluff Reservoir in Trego County, KS. cause their joint efforts have truly contributed and they are angry too. As their representa­ This reservoir, built in west-central Kansas to the unity of Jews and the unity of all peo­ tives, we have an obligation to address an in 1951, was only able to provide irrigation ples. But they are deserving of much more. issue that is of the untmost importance to water from 1963 to 1978. Since 1978 the res­ They are deserving of the unending gratitude them. Is that not what we are serving in Con­ ervoir has suffered from a depleted water and the loving appreciation of all those who gress for? I have always been a strong sup­ table and has been unable to provide water have been privileged to see them in action or porter of Social Security benefits and services for irrigation. It is doubtful that this unit would to benefit from their many contributions to the and I will continue to work hard for the elderly. ever provide irrigation water again. community. In other words, Alan Tishman de­ Simply, Cedar Bluffs is an exhausted and serves the thanks and appreciation of the ailing irrigation project that the Federal Gov­ entire New York community. ernment continues to hold and maintain-a Mr. Speaker, it is rare that we have an op­ costly Federal liability of which the Govern­ portunity to pay tribute to private citizens who ment should be relieved. have made such an enormous contribution to However, included in H.R. 2567 is an agree­ the public good. On this occasion, I feel a ment whereby the State of Kansas would pur­ chase the Cedar Bluff Unit from the Federal sense of pride in honoring the accomplish­ NATIONAL BICENTENNIAL COM­ ments of these outstanding local citizens. Government at a cost of $350,000. This PETITION ON THE CONSTITU­ agreement, if adopted, would allow the State TION AND THE BILL OF of Kansas to reform and redevelop this RIGHTS project to enhance the wildlife, environmental, and recreational qualities of the remaining SOCIAL SECURITY NOTCH HON. MICHAEL G. OXLEY lake. As well, this agreement will transfer proper­ HON. BILL SCHUETTE OF OHIO ty, structures and a share of operation and IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN maintenance costs to the State of Kansas. This action will ease the Federal Govern­ IN THE HOUSE OF REPRESENTATIVES Wednesday, June 13, 1990 ment's financial burden for maintaining this Wednesday, June 13, 1990 Mr. OXLEY. Mr. Speaker, I rise today to pay project and also releases the United States of Mr. SCHUETTE. Mr. Speaker, as a cospon­ tribute to students from Findlay High School, liability associated with this property. sor of legislation to reform the flawed Notch my alma mater, for their outstanding perform­ I am pleased to say that this agreement has Formula, I rise to express my views on this ance in the National Bicentennial Competition received praise not only within the Federal issue. Hundreds of my constituents are grave­ on the Constitution and the Bill of Rights. The Government, but also from environmental and ly concerned about their Social Security bene­ team members from Findlay High School are: recreational enthusiasts from across the fits. As you know, the "notch" identifies those Jeff Brann, Steve Copeland, Robert de los United States. born between the years 1917 and 1921 who Reyes, Erik Fenberg, Devon Harmon, Jason This forward-minded proposal has already are receiving transitional replacement rates for Kaple, Chris Kinsler, David Mertz, Michael been approved by the Senate, and I would their Social Security benefits. This transition Schroeder, Rachel Seidel, Cynthia Snyder, hope that my colleagues would have it in mind period was put in place by the 1977 Social David Torborg, Eric Withrow, and Kirk Ziegler. when voting on H.R. 2567. Security amendments, in response to an error All are to be congratulated on their accom­ in the benefit formula begun in 1972. If the old plishments. With help from their teacher, Alvin TRIBUTE TO LEONARD ZUBA benefit computation rules had been left un­ Bell, they won Ohio's competition in Columbus changed, benefit levels for many individuals and placed second in the national competi­ retiring in the future would have been higher tion. These exemplary students have been HON. JIM MOODY than their. earnings before retirement, causing fortunate to have a school curriculum which OF WISCONSIN a severe threat to the Social Security trust provided instruction on the basic principles of IN THE HOUSE OF REPRESENTATIVES fund. constitutional democracy and history of the To correct this error and preserve Social Wednesday, June 13, 1990 U.S. Constitution. There is no better way to Security, the 95th Congress enacted changes Mr. MOODY. Mr. Speaker, I am priviledged pay tribute to the bicentennial of the Constitu­ to reduce the replacement rate to that which to honor Leonard Zuba on the occasion of his tion and the Bill of Rights than to pass its had been originally intended. To protect the retirement and the closing of his restaurant, principles along to your young people. In addi­ benefits of people already receiving or about Gordon's Coffee Shop, for his dedication, to receive Social Security, Congress provided tion to learning an important part of American hard work and selfless service to the working a special transitional computation for those history and appreciating the genius of our men and women of Milwaukee. Mr. Zuba's persons reaching retirement age in the first most important document, the students exer­ story, and the story of family businesses like several years after the new rules went into cised and developed their logic and reasoning Gordon's Coffee Shop, epitomizes the charac­ effect. This explains why those born between skills. ter that has helped to make our county great. 1917 and 1921 may be receiving slightly The team's performance shows that they Mr. Zuba began working at Gordon's Coffee higher benefits than those born after 1921. are becoming knowledgeable citizens, and I Shop in 1942 at the age of 14. Lenny learned While those persons born in the notch years am proud to represent them in the U.S. Con­ the restaurant trade from his uncle, Alex receive less in benefits than those born gress. Krymkowski, who founded the business in June 13, 1990 EXTENSIONS OF REMARKS 14015 1929. In the tradition of Gordon's, Mr. Zuba others we enjoy as Americans, can and all foster a sense of belonging and well-being has continued to work an average of 16 hours should coexist with a sense of reverence for for the grade school children. a day, 5 days a week since them. This ex­ the American flag, which is itself the preemi­ The activities that took place in Aurora for traordinary example of high work ethic which nent symbol of everything our Nation stands the "Just Say No" week included a banner Mr. Zuba has unflinchingly displayed merits for. designing contest, a parade, a rally and a fire­ our recognition. I have been a cosponsor of the flag protec­ works display. The event was a huge success, Gordon's Coffee Shop has provided good tion amendment since September 1989 be­ in part because of the superior planning and quality traditional lunch counter food to its pa­ cause I believe the supreme law of the land ingenuity of almost 20 adults from the city on trons for 61 years at extremely reasonable should reflect the flag's value as "an impor­ the "Just Say No" committee. But most im­ prices. Even today, in 1990, a bowl of soup tant national asset," in the words of Justice portantly, the day was a success because of costs 40 cents-a price which bears tribute to John Paul Stevens. participation of the young people committed to the frugality and skill with which Mr. Zuba has I hope that we will have the opportunity to taking a stand against the use of drugs. managed his business. The long line of work­ vote on this legislation as soon as possible so I commend the committee and members of ing men and women who have come to its that we can put in place what I believe should the "Just Say No" clubs in my district and all counter over the years for a solid, quick, and already be in the Constitution: a specific prohi­ over the country and hope that their efforts affordable meal are a solid testament to the bition on the wanton destruction of the Ameri­ will continue to inspire young people until the value of the product that gordon's provides. can flag. opportunity to use durgs will no longer be a Like any good business, Gordon's Coffee deliberation for children, but a clear-cut deci­ Shop's value extends beyond its doors and sion to "just say no." into its surrounding community. Lenny, and his REMEMBERING MEMORIAL DAY uncle before him, have provided innumerable 1990 neighborhood kids with the opportunity to ENOUGH IS ENOUGH-LET'S GET learn the ethics of hard work in a tough yet HON. ROMANO L. MAZZOLI TOUGH ON CAPITAL CRIME caring atmosphere. As Mr. Zuba's retirement OF KENTUCKY approaches, they return, bringing their chil­ IN THE HOUSE OF REPRESENTATIVES dren, to bear witness to the man who taught HON. ROBERT K. DORNAN Wednesday, June 13, 1990 them much about work and life. OF CALIFORNIA Mr. MAZZOLI. Mr. Speaker, I rise today to Gordon's has been an integral part of the IN THE HOUSE OF REPRESENTATIVES Riverwest neighborhood in Milwaukee, WI for pay tribute to an important occasion-Memori­ over 61 years. During that time, Lenny and his al Day 1990-when Americans on the last Wednesday, June 13, 1990 family have been witnesses to many of the Monday in May reflect and remember the Mr. DORNAN of California. Mr. Speaker, on changes endemic to central cities all over our brave men and women who have sacrificed April 24, I introduced H.R. 4589 which would county. The closing of Gordon's Coffee Shop so much for our country. make the death penalty applicable in the Fed­ marks the continued struggle of a once proud In my hometown of Louisville, KY, stirring eral District of Columbia. In 1987 there were business street, Center Street, to survive. I am ceremonies are always held at the Zachary 223 murders in the district, or an average of sorry, Mr. Speaker, to see Gordon's Coffee Taylor National Cemetery-the resting place more than 18 per month. In 1989 that number Shop go. of our 12th President. And in the Nation's almost doubled reaching a total of 438 mur­ Mr. Speaker, I rise to salute Mr. Leonard Capital, thousands come to visit Arlington Na­ ders-roughly 60 per 100 ,000 population. Zuba and his family, and all of the employees tional Cemetery and the Vietnam Veterans 1990 is keeping pace. I believe it is time for and patrons who have passed through the Memorial. the District of Columbia to reinstate the death door of Gordon's Coffee Shop. The closing of Mr. Speaker, we must never forget those penalty and I believe this view is held by the Gordon's Coffee Shop and Mr. Zuba's retir­ who have made it possible for us in America majority of our constituents. ment mark the successful end of one family's to enjoy freedom and peace. As a veteran My legislation was carefully drafted and is dedication to providing a good product at a and public official, I salute the many men and consistent with constitutional requirements as good price. It is my sincere hope that the ex­ women who have fought for and defended our outlined by the Supreme Court. As the Court democratic principles. They justly deserve our ample of Gordon's Coffee Shop will provide stated: "Capital punishment is an expression praise and thanks on Memorial Day and every inspiration to all those courageous and willing of society's moral outrage at particularly offen­ day. men and women who shall follow Mr. Zuba's sive conduct. * * * it is essential in an or­ example and enter into business on their own dered society that asks its citizens to rely on despite the long hours. I believe Mr. Speaker, "JUST SAY NO TO DRUGS" legal processes rather than self-help to vindi­ that the greatness of our county is due in no WEEK cate their wrongs." small part to the individual greatness of men I would like to share with my colleagues an like Mr. Leonard Zuba. HON. GEORGE E. SANGMEISTER analysis of H.R. 4589 which was prepared for me by the Republican Study Committee. I OF ILLINOIS urge my colleagues to read this excellent brief OUR FLAG IS AN IMPORTANT IN THE HOUSE OF REPRESENTATIVES NATIONAL ASSET and join with me as cosponsors to this timely Wednesday, June 13, 1990 legislation. HON. FRANK PALLONE, JR. Mr. SANGMEISTER. Mr. Speaker, I rise JUSTICE IN THE DRUG WAR: BRINGING THE OF NEW JERSEY today to give tribute to the "Just Say No" DEATH PENALTY TO LIFE: H.R. 4589 IN THE HOUSE OF REPRESENTATIVES clubs of Aurora, IL, who recently celebrated

STATUS homicide, commission of the crime for Defendant was under unusual and sub­ H.R. 4589 was introduced by Rep. Dornan money, torture of the victim. stantial duress, although not such duress as on 4/24/90 and it is referred to the Commit­ A separate hearing must be held to deter­ to be a defense against the charge. tee on the District of Columbia, subcommit­ mine the sentence once a guilty verdict is Defendant is punishable as a principal, al­ tee on the Judiciary and Education. The bill reached for a capital crime. though the offense was committed by an­ currently has 12 cosponsors. The purpose here is to assure that while other, but his participation was relatively INTRODUCTION there are guidelines sufficient to guard minor, although not so minor as to be a de­ against complete and undettered discretion fense against the charge. Over the past few years the District of Co­ lumbia has earned itself a reputation as the in imposing a death sentence, there is also The defendant was youthful, although "murder capital" of the United States. Al­ built-in assurance that each case will be con­ not under the age of 18. though some may dispute this monicker, sidered individually. Another defendant, equally culpable, will not be punishable by death. few may dispute the facts: In 1987, there SECTION~ BY·SECTION SUMMARY were 225 murders in· the District, or an aver­ The victim consented to the criminal con­ Sec. 1: In general, persons found guilty of duct that resulted in the victim's death. age of over 18 every month. Two years later, the following crimes in the District of Co­ the number had almost doubled, reaching a Aggravating factors include: lumbia are subject to the death penalty: Defendant intentionally killed the victim, total of 438 for the year, or over 36 a month. (a) First degree murder as described in the The rate has jumped also: from 36.2 per or intentionally inflicted serious bodily DC Code, Sec. 22-2401. Murder of a law harm which resulted in victim's death. 100,000 inhabitants in 1987, to 72.5 per enforcement officer Knowingly causing the death of an­ state, District, or federal offense resulting comprehend the brutality behind these sta­ other while engaging in certain drug-related tistics, they are reason enough for the Con­ in the death of a person, for which the sen­ offenses under the Controlled Substances tence of life imprisonment was authorized gress, which has jurisdiction over the Dis­ Act. trict through Article I, Sec. 8, Cl. 17 of the by statute. Sec. 2: This section sets out the proce­ Defendant committed the offense after Constitution, to do what it can to protect dures for hearings in cases in which the the law abiding citizens of the District. substantial planning and premeditation. death penalty is sought. These procedures Separate hearing must be held to de­ member of the jury is to sign a certificate to District of Columbia. While it may not bring termine sentence in instance where death the victim back, it is a legitimate expression that effect. penalty is sought. (j) If the penalty of death is not imposed, · of the moral outrage felt by a society whose (b) Notice by government is required moral fiber is based in law. Further, the leg­ a sentence of life imprisonment without whenever government intends to seek the parole may be imposed. islature has a special duty to support the death penalty. Notice must be given a "rea­ imposition of the death penalty in certain Appeal from death sentence is avail­ sonable time" before trial or before accept­ able to defendant; may be consolidated with cases, for in so doing, it affirms a basic ance of a guilty plea. Notice must include belief that society's primary duty is to pro­ appeal of conviction; and has priority over listing of aggravating factor the govern­ all other cases. The appeals court must con­ tect its members so they might live in ment intends to prove as basis for death safety. sider trial evidence, information submitted penalty. during sentencing hearing, and procedures WHAT THE BILL DOES Sentencing hearing is to be conducted employed during sentencing hearing. This bill adds the death penalty as a sen­ by judge, and shall be before a jury, or O> In general, subject to certain provi­ tencing option for certain serious crimes: before the court alone if defendant and sions, no employee of the District of Colum­ murder in the first degree, murder of a law prosecution agree. bia Department of Corrections or Federal enforcement officer, or certain drug-related Proof of aggravating and mitigating Bureau of Prisons and no employee provid­ killings. factors: information may be presented as to ing services under contract to such depart­ In the landmark case of Furman v. Geor­ "any matter relevant to the sentence," and ment of bureau shall be requireq to be in at­ gia, 408 U.S. 238 0972), the Supreme Court is to include matters relating to any of the tendance or to participate in any execution decried the unlimited discretion given to the aggravating or mitigating factors set forth under this bill. judge and jury. The Court said that it was in the legislation, or to any other mitigating this unlimited discretion that resulted in de­ factor. BRIEF DISCUSSION OF THE DEATH PENALTY cisions made in so arbitrary and capricious a The prosecution has the burden of prov­ What crimes are so wanton, so horrible as manner as to be cruel and unreasonable ing the existence of any aggravating factor to justify the consideration of the death punishment, thus violating the Eighth beyond a reasonable doubt; the defendant penalty? Both the late Senator John L. Amendment. It did not declare the death has the burden of establishing the existence McClellan in debate in 1974, and Senator penalty itself unconstitutional. of any mitigating factor by a "preponder­ Strom Thurmond in a statement almost ten In a series of 1976 decisions, the Supreme ance of the information." years later, listed some: Court indicated support for procedures In describing return of findings, the "What other punishment is •just' for a guarding against unlimited discretion, and legislation specifies instances where the man, found to be sane, who would stab, for a system to assure flexibility to consider death penalty shall not be imposed, depend­ strangle and mutilate eight student aggravating and mitigating circumstances in ing on the combination of specified aggra­ nurses?" each case. Mandatory death penalty stat­ vating factors found. "What other punishment is ·just' for men utes were struck down. The jury is also to decide whether aggra­ who would invade the home of members of In the wake of these decisions, a majority vating factors sufficiently outweigh any a rival religious sect and shoot to death of the states have enacted new death penal­ mitigating factors, and in the absence of men, women and children, after forcing a ty laws to meet death penalty requirements. any mitigating factors, whether the aggra­ mother to watch as her three young chil­ The provisions of this legislation are similar vating factors themselves are sufficient to dren were drowned before her eyes?" to those of other states which have re-en­ justify the punishment of death. The jury "What other punishment is 'just' for a acted their death penalty laws, with several of the sentencing hearing must be unani­ band of social misfits who would invade the criteria aimed to meet these standards: mous in deciding for the death penalty. homes of people they had never met and The jury is never required to impose a rapes at 13 fornia, Colorado, Connecticut, Delaware, tion in tournaments in Houston, Phoenix, and years of age, forcing his way into his vic­ Florida, Georgia, Idaho, Illinois, Indiana, Los Angeles. tim's house, stabbing her over 40 times Kentucky, Louisana, Maryland, Mississippi, . smashing her over her Missouri, Montana, Nebraska, Nevada, New head several times with a hatchet. Miracu­ Hampshire, New Jersey, New Mexico, North CHICAGO WEEK-BURGENLAND, lously, she survived.) Carolina, Ohio, Oklahoma, Oregon, Penn­ AUSTRIA "What other punishment is 'just' for a sylvania, S. Carolina, S. Dakota, Tennessee, man who would systematically carve up his Texas, Utah, Vermont, Virginia, Washing­ HON. WILLIAM 0. LIPINSKI ton, and Wyoming. tied nude wife and obliterate her features OF ILLINOIS with sulphuric, hydrochloric and nitric acids In a 1981 article "The Only Possible Pun­ until she was beyond recognition or saving?" ishment," George Will makes this point: "A IN THE HOUSE OF REPRESENTATIVES in Mr. LIPINSKI. Mr. Speaker, commencing ging for the mercy of death.) order to spare itself the unpleasantness of July 19, 1990, a Chicago Week-"Chicago "What other punishment is 'just' for men contemplating and administering capital Woche" -will be held in the town of Pinkafeld, who would tape record the rape, torture and punishment. The visceral reaction most Burgenland, Austria. This Chicago Week will sodomizing of a sixteen year old girl as they humane people have against capital punish­ commemorate the 1OOth anniversary of the twisted her breasts with pliers and smashed ment actually is relevant to the case for emigration of Burgenlanders to Chicago; Bur­ her elbows and other joints 'to get her to that punishment." genland is the easternmost Federal Province scream' before they killed her?" If human life is indeed precious, then the law which forbids the taking of human life of Austria. There is debate regarding the deterrent The year 1980 marked the 90th anniversary effect of capital punishment. However, the must be a most awesome expression of soci­ major focus of many supporters of the ety's revulsion for any violation of this of the first Austrian, John Wenzel, to leave death penalty does not rest chiefly on deter­ tenet. This is a legitimate function of the then Austro-Hungarian Empire and travel to rence, but rather on the belief that such a death penalty, and it has been so supported Chicago. During this 1980 Chicago Week cele­ penalty is justified in some cases because it by the Supreme Court. bration, a bronze plaque was mounted on the is just. Some crimes are "so grievous an af­ Constitutionally sound legislation making house of Wenzel's birth in Grodnau, Burgen­ front to humanity that the only adequate the death penalty available as a sentencing land. This Chicago-Burgenland plaque was de­ response may be the penalty of death." option in certain circumstances makes the clearest statement that vicious, evil behav­ signed by metal artist, Kurt Mager, of Des from my home town of Albuquerque which this area. has won the title of State champions in the It is estimated that there are approximately CONCLUSION under-14 age group at the New Mexico State 30,000 persons of Burgenland ancestry living There are plenty of polls to show that the Cup Soccer Tournament. The Albuquerque in the Chicago metropolitan area. Burgen­ American public supports the option of a death penalty. For example, A CBS poll United 76 Football Club defeated eight oppo­ landers have served in many of Chicago in­ conducted April 1990 found that 72% fa­ nents by a combined score of 4 7 to 3 to win dustries, such as the railroad industry, meat vored the death penalty for persons convict­ this title. This team, coached by Dr. Larry Aze­ packing and construction. They also estab­ ed of murder. Over three quarters of those vedo, now advances to the Western Regional lished many small enterprises to serve the polled in California a month earlier on the Soccer Tournament in Bakersfield, CA, June people of Chicago with guest houses, butcher · same question agreed. A Time poll conduct­ 15 to 19, 1990. I want to wish them the very shops, restaurants, and bakeries. For exam­ ed in June of 1989 found that 75% of re­ best in this prestigious tournament and to ple, Joseph Urbauer, 1907-88, was well spondents favored the death penalty for se­ congratulate them for their fine victory last known for his authentic Austrian bakery in Chi­ rious crimes such as murder. A Gallup poll released in 12/88 found that 79% of the re­ week. cago, and two others have published their spondents favored execution of persons con­ The members of the team are: Keith autobiographies: "Fanner!" by Frances Panny, victed for murder. In a 1989 NY Times poll, Thompson, Jeff Byers, Matt Udell, Todd Tre­ 1900-87, and "Twenty-five Years of My Life in 75% felt there were circumstances under vino, Chester Goodson, Pancho Macias, Timo­ My Homeland" by Robert Unger, 1898-1985. which the death penalty was justified. thy Atler, Zack Cheney, Scott Coday, Heath Musically, Anna Beilfuss and her husband pro- 14018 EXTENSIONS OF REMARKS June 13, 1990 vided Austrian-German entertainment for ment market and for furthering the goal of Mickey Dorsey has delighted thousands of many years at the Brown Bear Restaurant in standardizing defense hardware. These bilat­ chidlren in our county in his role as "McGruff" Chicago. eral procurements are conducted outside the the crime dog. Through this educational The 1990 Chicago Week celebration is U.S. Government Procurement Code. project, he taught children about crime pre­ under the direction of "Burgenlandische Ge­ Trade in defense procurements is big busi­ vention techniques. meinschaft," and its president, Dr. Walter Duj­ ness. Eighty percent of all competitive pro­ It is not just through "McGruff" that Mickey movits, is well known for his book" Die Amer­ curements in the United States are defense Dorsey has contributed to our county's crimi­ ika-Wanderung der Burgenlander" which related. However, the defense procurement nal prevention measures. He has helped to chronicles immigration of Burgenlanders to requirement of our foreign partners make up establish neighborhood programs across the Chicago and other cities of the United States only 20 to 25 percent of their total govern­ county. In addition, he produced a handbook of America. His book is in the library of the ment purchases. Obviously, an 80-20 defense on crime prevention techniques for the handi­ Chicago Historical Society and the American trade relationship is hardly fair. capped. For his efforts, Mickey Dorsey was Museum of Immigration, Statue of Liberty, Additional problems include: First, defense named Prince Georges County Crime Practi­ New York. MOU's do not provide a guarantee that our tioner of the Year in both 1987 and 1988. There is also a Burgenlandische Gemeins­ foreign partners will implement competitive Mr. Speaker, we all know that the most ef­ chaft organization located in Chicago. The and transparent procedures for covered pro­ fective way to fight crime is to have an in­ group is composed of members who trace curements; second, present audit standards volved citizenry. Mickey Doresey has contrib­ their ancestry back to Burgenland, and their and practices for defense procurements are uted mightily over many years to educating purpose is to prepetuate Austrian customs lacking; third, the reluctance of the DOD to the children and adults of Prince Georges and traditions. Once a year, a young lady is use the leverage provided by these bilateral County on steps they can take to avoid being selected as Miss Burgenland and is presented agreements to increase access to foreign gov­ victims of crime and to fight crime. He has with a trip to Burgenland as Chicago's repre­ ernment procurement markets for nondefense empowered and enhanced the protection of sentative to visit relatives and friend and dis­ U.S. products; and fourth, even Congress has our citizens. cover her root. The current Miss Burgenland suffered from a deficient MOU process in that Mickey Dorsey deserves our thanks and is Doris Spornberger. The officers of the "B­ the Secretary of Defense can enter into these best wishes on his retirement from public G" in Chicago are: President, John J. Rados­ agreements and modify existing ones without service. tits; vice presidents, John Woppel and Karl the consent of Congress. Billisits; secretary, Irene Varga; treasurer, To remedy these deficiencies, Mr. HORTON Hubert Wirtitsch; and membership, Mary of New York and I have introduced legislation YOUNG NEW MEXICANS WITH Woppel. Frank Volkovits, 1924-82, was one of that will allow for more congressional over­ VISION the founding members of this group. sight over defense procurement MOU's. Spe­ Member Emma G. Wenzel will travel to Bur­ cifically, any U.S. Government agency seeking HON. BILL RICHARDSON genland to participate in the 1990 Chicago to renegotiate, enter into, modify, renew, or OF NEW MEXICO Week celebration. She will present to the extend a procurement agreement with a for­ IN THE HOUSE OF REPRESENTATIVES town of Pinkafeld, her mother's birthplace, a eign government must receive congressional Wednesday, June 13, 1990 St. Stephen Hungarian flag. This flag has authorization to do so. been in the possession of her family since her Furthermore, the legislation requires execu­ Mr. RICHARDSON. Mr. Speaker, we have parents' immigration from Austria and was tive agencies to: First, establish audit stand­ all read that American students are poorly flown during the reign of Franz Joseph, Em­ ards and practices; second, put into place educated in geography and science, com­ peror of the Austro-Hungarian Empire. The transparent, competitive and open procedures pared to their peers in other countries. So I flag will be placed in a ·museum in Austria. for procurements covered by bilateral agree­ am particularly pleased to advise my col­ Attending the Chicago Week ceremonies ments; third, increase access to foreign gov­ leagues that Brian Davis, a 16-year-old high will be many prominent Austrians, governmen­ ernment procurement markets for U.S. prod­ school student from Grants, NM, has won a tal officials, and clergymen. This event will uct sectors; and fourth, a requirement that national geography essay contest sponsored recognize the contributions and achievements future bilateral agreements with foreign gov­ by American Express, and Cameron Haight, of the natives who left their homeland to enter ernments be established for a fixed term. 17, from Santa Fe High School won top into the mainstream of a new life in the United Basically this bill is designed for Congress honors at the recent International Science Fair States of America, Chicago, IL. to reassert it's proper authority in setting Gov­ in Tulsa, OK. The town of Pinkafeld extends its welcome ernment procurement policies with foreign Brian's paper, entitled "How the Decline of to visitors of Chicago. contractors. Hopefully, Mr. Speaker, my col­ the Uranium Industry Has Caused Economic leagues recognize the inadequacies of the de­ Depression in the Grants-Milan, New Mexico fense MOU process, and I encourage them to Area" was among thousands submitted by IT'S TIME FOR CONGRESS TO join Mr. HORTON and I in supporting this students from 48 States. He chose the sub­ REASSERT ITS AUTHORITY IN measure. ject because he, like so many others in his THE MOU PROCESS northwestern New Mexico hometown, did not understand how such an economically pros­ HON. ALBERT G. BUSTAMANTE MITCHELL "MICKEY" DORSEY perous area could decline so dramatically in OF TEXAS such a short time. IN THE HOUSE OF REPRESENTATIVES HON. STENY H. HOYER The contest, in its first year, aims to encour­ age students to find answers to their own Wednesday, June 13, 1990 OF MARYLAND IN THE HOUSE OF REPRESENTATIVES questions about how the world works and to Mr. BUSTAMANTE. Mr. Speaker, I rise learn how to apply geographic concepts to before you today with my dear friend and col­ Wednesday, June 13, 1990 real-world issues. I would like to commend league the Honorable FRANK HORTON from Mr. HOYER. Mr. Speaker, on June 29, American Express for taking such a strong in­ New . York to bring to your attention the inad­ 1990, Mitchell "Mickey" Dorsey will retire from terest in the education of our young people. equacies of the Defense Departments' memo­ the Prince Georges County government after Brian will receive a $5,000 travel award randa of understanding [MOU's] process, and 19 years of service. from American Express. to propose legislation to address these prob­ Mr. Dorsey began his career in the Prince Cameron Haight was singled out for his lems. Currently, there are 19 deficient MOU's Georges County Department of Human Re­ study of turbulence in water. Using a comput­ regarding defense procurement with foreign sources and Community Development. Over er at Los Alamos National Laboratory, he de­ governments. his career he also worked with the Human Re­ signed a program for studying the basis of tur­ Under these agreements, the Secretary of lations Commission and the Model Cities Pro­ bulence which has implications in many fields Defense waives Buy American Act require­ gram. But it is for his work with the police de­ from medicine to airline safety. ments in exchange for a pledge of reciprocal partment's community relations division that Cameron will receive an expenses-paid trip access to a foreign partner's defense procure- he is most well known. to the Besie F. Lawrence International June 13, 1990 EXTENSIONS OF REMARKS 14019 Summer Science Institute at the Weizman In­ STATE-SUPPORTED HOMES FOR dedicated individuals for the quality care they stitute of Science in Israel. But he has said VETERANS WEEK provide to our veterans and their families. that his true reward is knowing that he has made a real contribution to science, noting HON. G.V. (SONNY) MONTGOMERY THE RETIREMENT OF ALICIA that the more we can understand about the OF MISSISSIPPI RAMIREZ nature of turbulence, the more control we can IN THE HOUSE OF REPRESENTATIVES have over things it affects. Wednesday, June 13, 1990 HON. GEORGE MILLER Mr. Speaker, I'm sure my colleagues will Mr. MONTGOMERY. Mr. Speaker, President join me in congratulating these two fine young OF CALIFORNIA Bush has issued a proclamation which desig­ IN THE HOUSE OF REPRESENTATIVES men for their initiative and scholarship. nates this week, June 10-16, as "State-Sup­ ported Homes for Veterans Week," in recogni­ Wednesday, June 13, 1990 tion of the service they provide to the Nation's Mr. MILLER of California. Mr. Speaker, in SMALL BUSINESS ADMINISTRA­ veterans. The House and Senate had earlier June of this year, Alicia Ramirez will be retir­ TION'S MISMANAGEMENT approved a joint resolution which called for ing after 23 years of public service with the this action and noted the need for greater Brentwood Union School District in California. HON. BEN NIGHTHORSE CAMPBELL public awareness of the vital and significant On June 16, 1990, Alicia's family, friends, and contributions of State veterans' homes. colleagues will honor her with a dinner pro­ OF COLORADO The first State home for veterans was es­ gram to thank her for her dedication, love, and IN THE HOUSE OF REPRESENTATIVES tablished in Connecticut in 1864. The Federal support, and for her 40 years of unrelentless Wednesday, June 13, 1990 Government began sharing the cost of care community service. I would like to take a few provided in State veterans' homes in 1888. moments to pay tribute to Mrs. Ramirez by Mr. CAMPBELL of Colorado. Mr. Speaker, Since then, State homes have grown from 11 highlighting her contributions to east Contra not many people have heard of the Conquis­ homes in 11 States to the current 60 homes Costa County. tador Ski Resort in Westcliffe, CO, and at the in 37 States, which provide domiciliary, nurs­ Alicia Ramirez has been a strong advocate rate the U.S. Small Business Administration is ing home, and hospital care to ineligible veter­ of equal opportunities to education and health going, not many people are likely to. ans. care services for children in the Spanish­ Over the past 8 years, the SBA has system­ The Department of Veterans Affairs [VA] speaking communities and farm labor camps atically run this struggling little ski resort into has maintained a partnership with States op­ of the east county. As Alicia is bilingual, she the ground, taking along with it the hopes and erating veterans' homes since 1930. Recog­ has been able to help those who are unable dreams of the people of Westcliffe, CO, nized homes that meet VA standards are eligi­ to speak English enjoy the benefits of the whose livelihood is directly linked to the health ble to receive per diem payments from VA for American system by assisting them through of the ski resort. each eligible veteran to help offset the cost of difficulties with schools, courts, businesses, It is hard to determine what the SBA is care. The Congress periodically increases and various government agencies. trying to prove by attempting to manage a ski these per diem rates to offset the effects of To ensure that all Spanish-speaking chil­ resort in southern Colorado. It certainly can't inflation. dren were enrolled in educational programs be trying to prove that it can save the Govern­ VA also makes grants to States, paying up and were receiving adequate health care, to 65 percent of the cost of construction, ac­ ment money. The resort, once valued at $16 Alicia would make countless trips to farm quisition, and remodeling. VA has awarded labor camps to provide transportation and in­ million, is now on the auction block for less more than $341 million to States for matching terpretation services to newly arrived families. than $5 million. If it sells for this amount, construction grants since authorization by In 1967, Mrs. Ramirez became the first bilin­ these 8 years of SBA mismanagement will Congress in 1964. gual teaching aide and community aide to be cost the taxpayers of this country $15.3 mil­ Mr. Speaker, by the turn of the century, two­ hired by the Brentwood Unified School Dis­ lion, including $4.8 million in unverifiable ex­ thirds of all males 65 and older in the United trict. Alicia was a driving force behind the es­ penditures made by the SBA. States will be veterans. Obviously, this will tablishment of the first east county Headstart While it is true that taxpayers are getting precipitate a greater demand for long-term project. She was active in the petition drives burned, the real victims of this scandal are the health care in our veteran community. These to set up the first east county health clinic in people of Westcliffe. The closure of Conquis­ Federal/State sharing projects are a practical, Brentwood, and served on the Delta Memorial tador deprived Westcliffe of 130 jobs with an yet quality method of meeting this challenge. Hospital Board of Directors. Alicia worked as $850,000 annual payroll, and cost Custer State homes are also cost effective. Be­ community representative for the United County $52,000 in property tax receipts, sides the benefits of sharing construction and Council of Spanish-Speaking Organizations in nearly one-quarter of the county's tax base. care costs with the Federal Government, Oakley, and is a member of the Comite de As far as I am concerned, the only thing the States with veterans' homes save hundreds of Benificencia de Brentwood. She was named SBA has managed to prove with this little ex­ thousands of dollars annually in Medicaid. Fur­ "A Women of Distinction of the 90's" by the periment is that the Government's inability to ther, construction and staffing of these facili­ International Soroptomist Organization of East manage assets is by no means limited to the ties create hundreds of State jobs. Contra Costa County. thrift bailout. In September 1988, we dedicated a 150- In addition to these activities, Alicia is a While I was initially heartened when the re­ bed State veterans' nursing home in Jackson, loving and devoted mother, raising 10 children sponsibility for sale of Conquistador was taken MS. It was a great day for the veterans of my as a widow for the majority of the growing out of the hands of the people in Washington home State. I hope the remaining States years. She has made sure that all her children who ran the resort into the ground in the first which currently don't have State-operated vet­ graduated from high school and have had the erans' homes will look into establishing at place, I remain concerned that not enough is opportunity to attend college. least one. It begins with veterans and other Mr. Speaker, I ask that my colleagues in the being done in Denver to actively market the concerned groups working with their State leg­ House of Representatives join me in recogniz­ resort. Rumors have circulated for months islatures for an appropriation to match the ing the accomplishments of this remarkable about potential purchasers for the resort, yet Federal grant for construction. women. Mrs. Alicia Ramirez has unselfishly no deals have been signed. We are proud of the splendid services ren­ given her time and her skills to Spanish­ There is little doubt in my mind that the dered by our State veterans' homes; they play speaking people in my district and to the SBA erred seriously in choosing to manage a strategic role in augmenting VA health care Brentwood Union School District. I would like Conquistador, rather than sell it in a timely services. to thank her for her dedication and hard work, manner. By so doing, the SBA has imperiled As with all programs, people are the key to and wish her the very best in her retirement. the economy of the surrounding countryside, success, and in the case of our State veter­ and I think SBA owes it to the people of ans' homes, the staffs do remarkable work. I SENATE COMMITTEE MEETINGS Westcliffe to actively seek a purchaser for this know my colleagues will want to join me Title IV of Senate Resolution 4, resort. during this special week in saluting these agreed to by the Senate on February 14020 EXTENSIONS OF REMARKS June 13, 1990 4, 1977, calls for establishment of a Marty II Unit, South Dakota Pumping Finance system for a computerized schedule of Division in South Dakota. To hold hearings to review the Presi­ all meetings and hearings of Senate SD-366 dent's decision to renew most-favored­ committees, subcommittees, joint com­ Veterans' Affairs nation trade status to China. mittees, and committees of conference. To hold hearings on the nominations of SD-215 James W. Holsinger, Jr., of Virginia, to Judiciary This title requires all such committees be Chief Medical Director, and Ste­ To hold hearings on proposed legislation to notify the Office of the Senate phen A. Trodden, of Virginia, to be In­ designed to implement existing laws Daily Digest-designated by the Rules spector General, both of the Depart­ relative to violent crimes, from sexual Committee-of the time, place, and ment of Veterans Affairs. to domestic offenses, against women. purpose of the meetings, when sched­ SR-418 SD-226 uled, and any cancellations or changes 10:00 a.m. 2:00p.m. in the meetings as they occur. Foreign Relations Commerce, Science, and Transportation As an additional procedure along To hold hearings to review the results of Merchant Marine Subcommittee the General Accounting Office study To hold hearings on proposed legislation with the computerization of this infor­ of Protocol 3 to Montreal Aviation mation, the Office of the Senate Daily authorizing funds for the Federal Protocols . for printing in the Extensions of Re­ time Administration, Department of SD-419 Transportation. marks section Of the CONGRESSIONAL Judiciary RECORD on Monday and Wednesday of Constitution Subcommittee SR-253 To hold hearings on S.J. Res. 295, to Select on Intelligence each week. To resume hearings to review certain Meetings scheduled for Thursday, prohibit the Supreme Court or any in­ ferior court of the United States from proposals to improve the counterintel­ June 14, 1990, may be found in the ligence posture of the United States Daily Digest of today's RECORD. ordering the laying or increasing of taxes, and S. 34, to revise the Federal by strengthening U.S. ability to deter, detect, and prosecute persons who MEETINGS SCHEDULED judicial code to deny to inferior Feder­ al courts jurisdiction to issue any turn to espionage. remedy, order, writ, or other judicial SD-366 JUNE 15 decree requiring the Federal govem­ 9:30a.m. ment or any State or local government JUNE 21 Veterans' Affairs to impose any new tax or to increase 9:30a.m. To hold hearings on the nominations of any existing tax. Environment and Public Works Donald L. Ivers, of New Mexico, and SD-226 Superfund, Ocean and Water Protection Jonathan R. Steinberg, of Maryland, 10:30 a.m. Subcommittee each to be an Associate Judge of the Environment and Public Works To hold oversight hearings on the super­ U.S. Court of Veterans Appeals. Environmental Protection Subcommittee fund remedy selection process. SR-418 To hold hearings on S. 2244, to prevent SD-406 10:00 a.m. and control infestations of the coastal Foreign Relations Rules and Administration To hold hearings to examine U.S. policy and inland waters of the United States To hold hearings on S. Con. Res. 122, to toward Iraq, focusing on human by the zebra mussel and other nonin­ establish an Albert Einstein Congres­ rights, weapons proliferation, and digenous aquatic nuisance species. sional Fellowship Program, and S. Res. international law. SD-406 206, to establish a point of order SD-419 2:30p.m. against material that earmarks re­ Judiciary Appropriations search moneys for designated institu­ To hold hearings on pending nomina­ Foreign Operations Subcommittee tions without competition. tions for the U.S. Sentencing Commis- To hold hearings on proposed budget es­ SR-301 sion. timates for fiscal year 1991 for foreign Small Business SD-226 assistance, focusing on U.S. military To resume hearings to review the Small assistance. Business Administration's small busi­ JUNE 18 SD-138 ness investment companies program. 10:00 a.m. SR-428A Finance JUNE 20 10:00 a.m. Social Security and Family Policy Sub­ 9:00a.m. Foreign Relations committee Labor and Human Resources Business meeting, to mark up Montreal To hold hearings to examine demonstra­ Business meeting, to consider pending Aviation Protocols interna­ all copyrighted work, whether pub­ tional antitrust jurisdiction over for­ lished or unpublished. JUNE 22 eign companies. SD-226 SR-253 2:00p.m. 2:00p.m. Governmental Affairs Energy and Natural Resources Agriculture, Nutrition, and Forestry To resume hearings on S. 1978, to estab­ Energy Research and Development Sub­ Agricultural Research and General Legis­ lish the Department of Industry and committee lation Subcommittee Technology as an executive depart­ To hold hearings to review the status of To hold hearings to review the U.S.­ ment, to establish the Interagency the human genome project of the De­ Canada open boarder agreement, fo­ Export Enhancement Committee partment of Energy and the National cusing on meat and poultry. within the Office of the President, and Institute of Health SR-332 to transfer the National Oceanic and SD-366